The family of a premature baby who died after emergency surgery to the wrong lung have agreed an out-of-court settlement with the hospital trust concerned.

Clarke Jackson was born three months prematurely at Wythenshawe Hospital, Manchester, in April 2004, weighing 2.2lb (1kg). He died less than 11 hours later.

The child’s family have pursued a legal claim against the hospital trust insisting that medical staff made a series of errors that led, at least in part, to the baby’s death.

The hospital has acknowledged that an X-ray examination revealed a problem with the baby’s left lung but that it went on to treat his right lung instead. Clarke continued to struggle for breath as his condition deteriorated.

Katrina Jackson, 34, the baby’s mother, has also claimed that staff failed to check on her during her 17-hour labour, that she was left to give birth alone and that there was nobody present to give emergency care immediately after the birth.

These claims are denied by the trust, which insists that the child was so poorly he was unlikely to survive.

Mrs Jackson, of Manchester, said that the circumstances of Clarke’s death had left her wondering whether he could have lived had he been given immediate care.

Mrs Jackson, who has three other children, said: “Clarke was breathing, kicking and showing all the normal signs of life when he was born. We believe he would have had a good chance with better care.

“It has left us with the question, ‘What if?’ I was in the hospital for five weeks, yet when the moment came to ensure the safest possible delivery the hospital staff just were not there doing basic things.

“I had to insist on seeing Clarke’s medical records. If I hadn’t, we would have been brushed aside with the explanation that he as too poorly and wouldn’t have made it. Getting left and right mixed up has killed my son.”

The family have agreed to accept an undisclosed five-figure sum. Adam Smith, of Thompsons Solicitors, said: “This is an alarming and tragic case where hospital staff made fundamental errors.”

A spokesman for the University Hospital of South Manchester NHS Foundation Trust said: “A full investigation was carried out by the trust and lessons have been learnt to minimise the risk of this tragedy occurring again.

“Clarke was very poorly and was unlikely to survive but the trust has accepted that the clinical error contributed to his tragic death.”

Explore Health

• Expert Advice

• Health Features

• Mental Health

• Alternative Medicine

• Child Health

• Health Club